indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Senate measure introduced to fix Carcieri land-into-trust ruling

Filed Under: Law | Politics | Trust
More on: 113th, alaska, ira, jerry moran, jon tester, land-into-trust, mark begich, scia, senate, supreme court
     

A bipartisan group of lawmakers in the Senate introduced a bill to fix the U.S. Supreme Court decision in Carcieri v. Salazar.

S.2188 amends the Indian Reorganization Act to ensure that all tribes can follow the land-into-trust process. It replaces a troublesome phrase -- "now under federal jurisdiction" -- with "any federally recognized Indian tribe" to cover all tribes, regardless of the date of federal recognition.

“The Carcieri decision is crippling a key component of tribal sovereignty and economic viability while setting the stage for harmful court cases where only lawyers win,” Sen. Jon Tester (D-Montana), the chairman of the Senate Indian Affairs Committee, said in a press release. “We need to come together, work across party lines, and solve this problem. This is a difficult issue, but we cannot hold these sovereign nations hostage to a decision that creates two classes of tribes and stalls economic development across Indian Country.”

The bill applies to all tribes, including those in Alaska, an issue of contention in the past. Sen. Mark Begich (D-Alaska), the state's senior Senator, told the National Congress of American Indians last month that he would not try to exclude tribes in Alaska.

The bill also ensures that all prior land-into-trust acquisitions are legal. The issue has come up in Big Lagoon Rancheria v. California, a case involving the Big Lagoon Rancheria that's being closely watched across Indian Country.

“It is unjust for there to be two classes of Indians created by the Carcieri v. Salazar decision -- those tribes federally recognized in 1934 and those recognized after,” Sen. Jerry Moran (R-Kansas) said in the press release. “Tribes should no longer shoulder the burden of lawsuits and uncertainty that hinder their prosperity. The Secretary of Interior’s authority to take land into trust for all tribes is essential for economic development.”

The text of the bill follows:
S. 2188

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. REAFFIRMATION OF AUTHORITY.

(a) Modification.--

(1) IN GENERAL.--The first sentence of section 19 of the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 479), is amended--

(A) by striking ``The term'' and inserting ``Effective beginning on June 18, 1934, the term''; and

(B) by striking ``any recognized Indian tribe now under Federal jurisdiction'' and inserting ``any federally recognized Indian tribe''.

(2) EFFECTIVE DATE.--The amendments made by paragraph (1) shall take effect as if included in the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 479), on the date of enactment of that Act.

(b) Ratification and Confirmation of Actions.--Any action taken by the Secretary of the Interior pursuant to the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 461 et seq.), for any Indian tribe that was federally recognized on the date of that action is ratified and confirmed, to the extent such action is subjected to challenge based on whether the Indian tribe was federally recognized or under Federal jurisdiction on June 18, 1934, as if the action had, by prior Act of Congress, been specifically authorized and directed.

(c) Effect on Other Laws.--

(1) IN GENERAL.--Nothing in this section or the amendments made by this section shall affect--

(A) the application or effect of any Federal law other than the Act of June 18, 1934 (25 U.S.C. 461 et seq.), as amended by subsection (a); or

(B) any limitation on the authority of the Secretary of the Interior under any Federal law or regulation other than the Act of June 18, 1934 (25 U.S.C. 461 et seq.), as so amended.

(2) REFERENCES IN OTHER LAWS.--An express reference to the Act of June 18, 1934 (25 U.S.C. 461 et seq.), contained in any other Federal law shall be considered to be a reference to that Act as amended by subsection (a).

DOI Solicitor Opinion:
M-37029: The Meaning of "Under Federal Jurisdiction" for Purposes of the Indian Reorganization Act (March 12, 2014)

Related Stories:
Law Article: DOI takes diligent approach with land-into-trust (03/19)
DOI addresses Carcieri land-into-trust case with legal opinion (3/13)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Bureau of Indian Affairs still failing on online security measures (2/21)
Mary Annette Pember: Indigenous people can't ever back down (2/21)
Harold Monteau: Democrats to blame for President Donald Trump (2/21)
Tohono O'odham Nation leaders share concerns about border wall (2/21)
Pacific Northwest tribes finally rebury remains of Kennewick Man (2/21)
Mashpee Wampanoag Tribe affirms election results after recount (2/21)
Standing Rock Sioux Tribe hopes to see return of casino business (2/21)
Bureau of Indian Affairs confirms Wilton Rancheria casino in trust (2/21)
Mohegan Tribe said gaming executive didn't disclose stake in firm (2/21)
Tribal sovereignty foe in charge of nation's environmental agenda (2/20)
Trump gets another extension in Supreme Court tribal casino case (2/20)
Senate finally ready to consider nomination of Ryan Zinke for DOI (2/20)
Senate Indian Affairs Committee sets hearing on Trump 'priorities' (2/20)
Tim Giago: Our Lakota children are dying while we wring our hands (2/20)
Mark Trahant: Indian programs gain 'high risk' label at worst time (2/20)
Native Sun News Today: 'Haven For Hope' proposed for homeless (2/20)
Ivan Star Comes Out: 'Civilization' aims to alienate Native America (2/20)
Cronkite News: Navajo leader pleads to Trump to help power plant (2/20)
André Cramblit: Sorry but Indian Country just got 'Trumped' again (2/20)
Dina Gilio-Whitaker: Sen. Hoeven raises red flags in Indian Country (2/20)
Peter d'Errico: Indian Country's 'trustee' isn't trustworthy anymore (2/20)
Raymond Hitchcock: The facts about Wilton Rancheria's casino plan (2/20)
Wilton Rancheria seeks to join lawsuit as gaming site is put in trust (2/20)
Tribes find common ground with Trump on Supreme Court nominee (2/17)
Bureau of Indian Affairs issues 'trespass' notice to #NoDAPL camp (2/17)
Hearing on injunction against Dakota Access moved to February 28 (2/17)
Native Sun News Today: Drilling test in treaty territory stirs concern (2/17)
Editorial: Presidents on Mount Rushmore didn't treat tribes so well (2/17)
Native women pushing for action on missing and murdered sisters (2/16)
Army Department formally cancels Dakota Access Pipeline review (2/16)
Native Sun News Today: Dakota Access firms see spills, explosions (2/16)
James Giago Davies: Tribes face bigger threat than Dakota Access (2/16)
Cronkite News: Navajo school official worried about Trump era cuts (2/16)
Monte Mills: Tribes turn to courts to battle Dakota Access Pipeline (2/16)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.